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  1. 8 points
    The results are in.... PASSED! I submit my application to the character and fitness committee next week. If approved, I will be sworn in as an attorney June 12, 2019.
  2. 5 points
    I will apologize for my absence at another time. But I had to post the news of this gift we received today from the California Supreme Court. Cal Supremes held that a CCP section 98 declarant must be subject to actual personal service at the address given, and that the requirement is not satisfied by the defendant/defense counsel agreeing to accept service of a subpoena at that address. The case is Meza v. Portfolio Recovery Associates http://www.courts.ca.gov/opinions/documents/S242799.PDF
  3. 5 points
    @fisthardcheese @Harry Seaward @Brotherskeeper Update! The plaintiff's office reached out to me and offered to Dismiss WITH Prejudice at our upcoming status hearing in exchange for me to drop my AAA claim. We sort of tentatively agreed over the phone and they emailed me the agreement request. At this point then, I'm glad its sort of coming to a close now. Is there anything else I should prepare for prior to our hearing? I'm expecting to sort of just be handed a copy of the Order stating Dismissed With Prejudice and for me to drop my AAA case and I wouldn't hear about this account ever again.
  4. 4 points
    Just wanted to update everyone. I ended up winning by settlement. Had the case dropped with prejudice and Midland is paying for my arbitration + court fees. I'd like to thank everyone who pitched in with advice and helped me along the way. Most of all, would like to thank @fisthardcheese with their guide for arbitration. This is single handedly the only reason why I won so effortlessly. If anyone is in my position, please give the guide a look-see. Thank you again to every1!
  5. 4 points
    After following much advice and reading many post over and over on this forum , I have had my day in court and my MTC arbitration and stay the proceedings was granted. In Louisiana you must file your answer , MTC and a memorandum in support of your motion, a little different than the MTC examples posted here. You must also state if a court date has been set, if not you must request a court date and include a order sheet. When I filed my MTC the judge ordered PRA/Rausch Sturm to show cause as to why arbitration should not be granted. I followed all the court rules and advise from this fourm. The Rausch Sturm attorney was served as required by my state. They did not object or show up to court this morning. The judge granted my order and chucked/smiled while signing it. He said he was impressed with my ability as a Pro Se. I thank everyone for their post about arbitration, without that I would have been lost.
  6. 4 points
    I have had my run in with the same law firm, same debt company, same credit card, and same state. My advise to you is to read through my thread and see how much this community is absolutely amazing. See how a normal Joe shmo like myself, turned from a uninformed scared person, into a well informed individual. The process takes time, research, and patients but in the end is rewarding and self fulfilling. If you start reading through my thread you will see i made a lot of mistakes early on, luckily I had some guardian angels on my side such as @fisthardcheese@Brotherskeeper@nobk4me@BV80 just to name a few. This thread is packed full of great information to help you along your journey. I hope it finds you well in your research and aids you in successful battle!
  7. 3 points
    @Brotherskeeper @fisthardcheese @BV80 @Harry Seaward Well just got the email from JAMS telling me who the arbitrator is. It's Mr. Bradley Winters Esq. Plus they sent a bill to Midland's attorney for $5000. So let's see if they will pay this one. Thanks again for all the help. Will keep you all informed on what happens.
  8. 3 points
    As the others have said, mistakes happen. I'm actually relieved it was that and not some new rules we had to try to figure out.
  9. 3 points
    First off, the title of your thread is inaccurate, unless you filed lawsuits against PRA and Cap1. Second, can you give us details about how you accomplished these things? Without that, your thread is useless.
  10. 3 points
    DISMISSED!!!!! I hadn't heard a peep from anyone about the case, so I called the judge's clerk. He looked up the case number and told me the Plaintiff had appeared to dismiss the case. Whew!
  11. 3 points
    It is nonsensical for a person who asked for and was granted arbitration in a case to then nitpick by demanding the other side file instead AND giving up the extra little bit of leverage being the Claimant in the arbitration case will hold. Let it be known across the land: If your MTC is granted, FILE THE ARBITRATION CASE IMMEDIATELY AND WITH NO RESERVATIONS. Filing an arbitration case is the easiest part of this entire process. Not doing so is just plain silly.
  12. 3 points
    What case law did you put in your motion to compel? Use those cases in support of your argument. It would be technically improper if you brought up case law for the first time at a hearing without giving other side opportunity to oppose and respond to it.
  13. 3 points
    I've been walking in similar shoes for a while. Unfortunately, as long as the contract you signed says it's a commercial loan, you won't be able to file a consumer arbitration case. My commercial contracts also include a personal guarantee. Lenders do this to protect themselves in the event a business folds or goes bankrupt. If they can't go after the business, they can go after the person who personally guaranteed the loan. This doesn't change the fact that it's a commercial contract. You said you signed and returned the BofA contract. Are you saying the contract filed as an exhibit is not a true and correct copy of what you signed? If so, why? Does your copy of the contract include the same misspelling? Based on my personal experience, arbitration is something I would personally stay clear of. You will not be protected by a consumer fee cap.
  14. 3 points
    Im glad to share my experience with you. I also have another thread that I won against LVNV. That was my first learning experience, and you could watch my growth lol. There are so many great people that are willing to put in their time to help you. This community is amazing, thats why I put in the work I can do and return the favor to any future pro se'ers. Just remember I am not a lawyer, I am only implementing what I learn and researched along with the direction of many community members. I wish you luck, and make sure you re-read at least 5-6 more times before you file with a fine tooth comb for errors.
  15. 3 points
    Lack of evidence of a claim doesn't inherently make it frivolous. Frivolity means you have no basis at all for the claim. Your own testimony that you saw numbers in your phone, returned the call and discovered the called party was Unifund is evidence. It's not enough to prevail on the claim if Unifund denies making the calls, but it absolutely pushes you past the frivolous threshold. This is why we keep telling you to quit worrying about "frivolous". You're not in that camp. The lawyer's ignorance over the fees is IMO a much bigger concern with potentially catastrophic results.
  16. 3 points
    They didn't show up and I won my motion for sanctions against them. It's only $272 but I won, nonetheless. Fight back, folks! LVNV Sanction Motion .pdf
  17. 3 points
    Same story and congratulations - great job! Can't believe attorney said you got agreement from a "bogus website" - because I'm sure someone has the time, money and insanity to create a bunch of realistic, yet fake, credit card agreements and post them online - classic!!!!
  18. 3 points
    Well it’s been a lot of hurry up and wait but after some back and forth I got myself a dismissal with predjudice! Everything was agreed upon outside of arbitration and filed in court. They spent about $5800 in arb fees and didn’t get the debt paid so all in all a big win for me. Thank you you all for your help! @fisthardcheese
  19. 3 points
    I'm not advocating one position or another. I think both have merit. I just want to put out as much information as possible so that Shelly can make an informed decision about which path to take. One thing that is certain, the decision does not need to be made at this very moment.
  20. 3 points
    Alright! Who wants to hear about my day in court? DISMISSED WITHOUT PREJUDICE Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case evidence and witness. The contract attorney for the plaintiff filed it with nothing listed. (Suspicious: No evidence? No Witnesses?) I did the same. I was late to send out my Discovery/ Demand for Documents to the Plaintiff. This was a mistake. The deadline is tricky. I understood it to be 30 days before trial. But it closes 30 days before trial. I feel I still don't completely understand the deadline, but I now at least know to get it done early, at latest 65 days before trial. That being said- it would have been understandable and permissive for the Plaintiff to just ignore my discovery requests. However, they ended up replying the day before the trial with a point by point refusal of each of my discovery demands per my violation for CCP 2024.020(a) So, why even bother sending me that? Did they have to? Or, were they trying to psyche me out? Anyway... TRIAL DAY! I wake up early, keep a positive attitude, go the gym, "Mama Said Knock You Out" on repeat! Get to the court house early. Breathing deep. Courtroom doors open at 9:00 am sharp. Friday trial call. Everybody signing in. All kinds of people and civil matters stacking the day's schedule. Contract lawyer for the Plaintiff strides in, calls me out while he signs in and announces "I'm going to dismiss your case" . We wait for the judge to call us into the octagon to make it official. And that's it! 5 minutes. So, what happened here? Am I lucky? Did I simply answer and show up? Did I use the Magic Words? Well, like I said- no gloating here. I got TWO MORE of these things on deck.
  21. 3 points
    That's great that you are starting to kind of understand everything now. Its a journey, but its a journey only you can benefit from. Your hard work and understanding, will only make you a more versatile person. When you go for that first initial meeting with the lawyer you will not be jaded thinking you have to roll over just because you are in the court system. You are now armed with knowledge, Be vigilant in your study's, and double check everything. Like i stated before, you are representing yourself so everything you do reflects you. When this is all said and done you will be extremely proud of what you have accomplished. I promise you!
  22. 2 points
    So a few years ago I got into some financial trouble. I found this site, and it helped me immensely. I won 3 court cases, I sued Gold's Gym for collection violations, and I have been cleaning up my credit. I was at an all time low of 430. I protested every negative on all 3 credit reports. some things were removed, some were not. Some I had to wait until they dropped off after 7 years. But, last week I decided to refinance my house. I thought my score was pretty good now, so thought I'd get a decent % rate. eh, todays market, it was 4.2, but still better than the 5.6 I've been stuck with for 10 years. My credit score came back at 840! Pretty much cart blanch if your trying to get credit. I do have a couple of credit cards, with like 15k limits, but I won't go down that road again. If I have a major purchase I won't use it unless I have a plan to pay it off in a month or 2. I carry a low balance on my main card so it reflects well with payments, etc without getting socked for huge interest. Just wanted to revisit, and let others know this site is a wealth of info if your willing to invest the time. Thanks to all those that contribute! Oh my new house payment is 350.00 less per month, and will be paid off 2 years earlier. So even though I didn't get the low rates of a few years ago, it was still worth it.
  23. 2 points
    It's a stipulated dismissal, correct? They want you to sign it and send it back? I would email the attorney and say you received their stipulated agreement offer and that you would be willing to stipulate to a dismissal with prejudice. I'm not sure why everyone thinks this is over. It's just a settlement negotiation. You are free to tell them what your terms of stipulation are. But forget about this "removal from credit report" nonsense. I NEVER advocate for that, as a dismissal with prejudice can be used to handle that later and it just muddies the water at this point. You have them on the ropes. They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC. They can not just drop it by themselves and this is why they are asking you to sign this. Counter.
  24. 2 points
    I understand there may be watchful eyes, I just want to make sure to paint a correct picture. First and foremost make sure to read up on your local court rules and procedures, thats pretty much step one. This will inform you on your timeline and proper procedures. After you have established the above step, it may be a good idea to search other cases in the forums similar to yours. (I.e. the JDB, and state.) Many of the community members are very knowledgeable, and extremely helpful in assistance with drafting up your answer. Keep in mind if you do post your drafts in your thread to redact any and all information pertaining to you personally or your case# etc. It is a nerve wrecking process, however many of the methods in defending yourself are battle tested. Just take your time, breath, and be sure to read, then read again over everything you type up.
  25. 2 points
  26. 2 points
    Congrats! Did the judge grant a stay, and mention a status hearing? Have you read fisthardcheese's pinned thread on arbitration?
  27. 2 points
    That seems to be an understatement.
  28. 2 points
    That article is full of incorrect information. In addition, the strategies he talks about worked fairly well 10 years ago but not anymore.
  29. 2 points
    One big question: You say you had an account with them. Did you default on your account? The rest of the post assumes you defaulted If so, it could be they have a valid claim against you, sent the wrong information by mistake, and will come up with the correct information at some point. I did have something like that happen to me once. The incorrect papers were not a fatal error. I did win the case for other reasons. Realize you are in Florida. You have to decide to arbitrate or not before you answer. If you answer you waive arbitration. Your choice is to either file an MTC instead of an answer OR file a general denial and hope you catch them unawares. Both are risky. The judge may just give them time to come up with the proper papers, and you lose.
  30. 2 points
    Did you request discovery from them this time? If not, they will say "defendant never requested anything" and then present all of the evidence you never requested.
  31. 2 points
    @Brotherskeeper I cannot thank you enough for all of your help. I am grateful for all of your time and knowledgeable suggestions. Thank you! Now, I wait....
  32. 2 points
    Wait As far as the appeal process goes, you have nothing to appeal unless and until there is a ruling against you. As for filing in JAMS, I have seen two sets of advice. One is to go ahead and file in JAMS before the hearing to prove you are serious. The other is to wait until after the judge rules on the MTC. I can see the argument on both sides. I have personally always waited until after the judge’s order. The judge always gave xxx days for me to file in JAMS and to prove I did so. It may be a good idea to at least prepare a draft of the filing before the court date. Also, what do you do if the magistrate rejects your MTC? Wasted a JAMS filing then. If the magistrate rejects your JAMS filing and rules against you, then immediately appeal to Circuit Court as is your right.
  33. 2 points
    It was an original creditor that I was dealing with and it appears they actually did what their final letter said they would do, which is delete the account from my credit reports entirely. I am satisfied with the final result to clear it off my credit reports even though it happened 3 years after it should have. If I was still in a fighting mood maybe I would have pursued the FCRA issue but the original fight 3 years ago with the magistrate case, the arbitration case, and the subsequent settlement agreement was plenty of fighting for me already. Since they finally did the right thing, I'm happy with the win.
  34. 2 points
    Absolutely. We saw this when they were tying to use the "small claims" argument when cases were filed in our Justice Courts. Once a couple courts rejected it, they moved on to something else.
  35. 2 points
    They may convince a lower/trial court with their arguments, but I really don't see that they have any hope of making it stick on appeal. They are arguing against their own agreements. It's a ludacris proposition.
  36. 2 points
    Ok. Thanks for letting us know. The majority of information in that article is not supported by law. It appears that Brian Gray has done very little research and mostly provides his opinions rather than fact and proof. Check out the following post to see just a few of misrepresentations in his article. Note that I provide proof to show how his claims are wrong. https://www.creditinfocenter.com/community/topic/330215-some-opinions-please/?do=findComment&comment=1372504 There are many more misrepresentations that I did not address. I also have a thread regarding debt validation that shows the errors in his suggested debt violation letter. https://www.creditinfocenter.com/community/topic/329454-deceptive-validation-request/ His latest misrepresentation is that junk debt buyers cannot report on your credit report. This is despite the fact that the CFPB in its Consent Decree with Midland Funding (a debt buyer) shows otherwise. See pages 38 and 39 of https://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf I know that he is aware of this site. I would think that if he could support his claims, he would be willing to interact with us. I truly hope that he would be willing to engage in a respectful debate.
  37. 2 points
    That's a choice for you to make. I don't want to blatantly just say another attorney's advice is wrong. But you have to weigh if a waiver of your right to sue them is worth the trouble of taking your dismissal with prejudice, contacting the CRA's and making sure the CRA's do what they are supposed to do.
  38. 2 points
    Paying the initial filing fee does not equal following into arbitration. You must always be willing to follow through with all the steps of arbitration and force a settlement in your favor.
  39. 2 points
    Just an update for the rest of the folks, Midland's attorneys contacted me as soon as they received word about me filing AAA. They want to settle before arbitration begins. Obviously, my terms are dismissal with prejudice amongst other things. Should hear back by the end of the week. Will notify everyone when I have another update available.
  40. 2 points
    "This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitration. I would never mention THEIR claims against me, nor the debt in any way. Instead, I only file MY claims against the JDB. Do not worry at this stage about the details of your claims because this initial claim is allowed to be changed, added to or dropped at any time before an arbitrator is assigned to the case (and even after, you can still make changes with the arbitrator's permission). If you have nothing very strong with proof against the JDB, I would file with something such as "violations of state and federal consumer debt collection laws" or perhaps, "Violation of the Fair Debt Collection Practices Act", etc. Or even a simple "Billing dispute" will do if you have no violations of law against them. Again, it doesn't need to be more detailed then that at this stage and if your claims never pan out, you have the ability to drop them later (or you may find NEW claims to add if the JDB violates the laws during the ongoing case)." @AlawsoabA1221 Many state consumer protection laws mirror federal laws but with much lower monetary awards. If you have (ahem) plausible violations of both, you should add in the state's penalty award, too. Let's ask @fisthardcheese if he could kindly explain further this quote from his epic arb thread: "(or you may find NEW claims to add if the JDB violates the laws during the ongoing case)."
  41. 2 points
    Setting a motion hearing is not unusual. I doubt it has anything to do with anything you have done, except filing the motion. But, you do need to be aware of a possible ulterior motive of the court: the hearing is an opportunity to get the parties together, so they can be urged to settle. And sometimes this urging is not subtle. You need to resist any pressure to settle (unless you want to settle) and insist on arb. You should be prepared at the motion hearing to argue your motion, why you want arb and why your motion should be granted under the law. If the plaintiff does not respond to your motion, yes, your motion should be granted by default. But it probably won't work that way. The court will go ahead with the hearing and will bend over backwards to accommodate the plaintiff. That's what happened in my case. The JDB attorney didn't respond to my arb motion, but showed up for the motion hearing. I argued that my motion should be granted by default. The court didn't dismiss (as I requested), but did stay the case. (Note the court will not be as accommodating to you as they are to the plaintiff.) It wouldn't hurt to draft up the JAMS paperwork, to show you are serious, in case that issue gets raised.
  42. 2 points
    There is nothing that would make any difference at this point. The Federal cases should work. It is extremely rare for someone to be denied arbitration in Wisconsin. There ARE some state cases I know about which ONLY come into play AFTER arbitration and when they are trying to confirm an award, but those cases may have been superceded by the US Supreme Court decision. In other words, just use the Federal case law now.
  43. 2 points
    From my personal experience with arbitration, any issue that involves the failure of the Respondent's attorney to adhere to AAA's rules should be addressed in the form of an objection. If the Respondent was required to submit these documents within a certain period of time, I would go so far as to object to the documents being allowed into evidence because the Respondent missed their deadline.
  44. 2 points
    If Unifund and Pilot are affiliated with each other, you have to consider the possibility that Pilot didn’t sell the account to Unifund. It may have simply assigned or transferred the account to the JDB.
  45. 2 points
    Small claims in Wisconsin can be very different from county to county and even case to case within the county. In most situations, the magistrate or some other facilitator wants to get the case off the docket NOW. They have a rather heavy load. Sending the case off to arbitration gets the case off their load. I would suggest going into the hearing with a MTC in hand, and of course a copy for the opposing counsel. If possible, file this at least a few days before the hearing, and send a copy to their attorney CMRRR, so they can't claim they didn't get it. Trust me, if you do NOT send it Certified Mail Return Receipt Requested, many law firms will just claim they never got it, and that puts a burden on you. If you go into the hearing with the MTC, better yet if you have sent it in advance, then all the magistrate has to do is rule on your MTC on the spot. If you have written out a good one, then he won't listen to their complaints. Unless the magistrate just feels like ignoring the law. If that happens, you can appeal to Circuit Court. The advice of @firsthardcheese is not bad advice. It's just that if you have an MTC ready for action before you are even served, you can get this case over with at the initial hearing date. EDIT TO ADD: That, of course, assumes you can get an MTC ready in time. If you can't, ask the magistrate at the hearing for some time to prepare one.
  46. 2 points
    Personally, I think it’s a good thing that JDBs can buy debts. The reason is that the OC can sue you, or a JDB can sue you. You have a much better chance of winning if you’re sued by a JDB. In addition, JDBs are bound by the FDCPA whereas OCs are not.
  47. 2 points
    If the plaintiff has sent you discovery, you need to answer it, but in a particular way so as not to waive your arbitration rights. You need to OBJECT to them all, citing that arbitration has been elected, and the scope of discovery is to be determined by an arbitration forum.
  48. 2 points
    UPDATE: Well, the attorney met me in court yet again and the judge wanted to know what was going on with this case and mentioned that this is the longest case he had ever had regarding a debt collection. The attorney blabs on about how I agreed to pay the full amount of the filing fees and also said that it didn't seem fair that they had to pay $1250 and I only had to pay $250. Haha. That made me laugh a little. He obviously ignored every piece of mail that I sent that had the JAMS rules and fees. The judge took some time to read the letter the attorney sent and my response. Then he asked how much was in question, which was ~ $950. Then he asked for the credit card agreement, which I gladly gave him. I had a notarized affidavit, and he told me that didn't matter, that I'm not allowed to certify anything. Don't really know what that meant. Then the attorney stated that I got that agreement off some bogus website, and who knows where I got that. The judge asked PRA if he had an agreement, and the attorney said no. Then finally, the judge told the PRA attorney, "I hate to say this, but the language in this agreement says that if the dispute is under $75,000, then the consumer pays their portion of the filing fees, which in this case is $250. No where does it say that the consumer has to pay 100%, and I don't recall the defendant saying that either. So you can decide to proceed with arbitration and pay the filing fees and hope to recoup some of that money back, but I'm not sure if that's what you want to do when the dispute in question is $950. Or you can dismiss this case. You have 60 days to pay the filing fee or this case will be dismissed." Although the way he worded it made it sound like he was apologetic to the PRA attorney because it was out of his hands. This is the judge that does not like me, and questions every piece of document I submit. Anyway, YAY!!! Thank you all for helping me through this case until the very end. I'll still need to wait 60 days to see what this PRA attorney does, but crossing fingers he won't pay, then I can request a dismissal after that period is over. I've been fighting this guy for over a year. I appreciate all the advice here, and the confidence you've given me! I think I've had 6 cases go to court, two I had to settle until I found this board, and now, this is my 4th that I've been able to get dismissed thanks to everyone's help. However, each time I get one dismissed, I seem to get another letter in the mail. My backstory is basically a family medical emergency which cost us our whole life's savings, and in order to stay in our home and have food, we had to stop paying on CCs. Trying to slowly climb back to where we used to be, so I really am grateful to the people that help with their experiences and strategies and advice. It has made such a huge difference!
  49. 2 points
  50. 2 points
    Excellent. It sure is peculiar how the naysayers are as far away as they can get every time someone wins in court but when you say you want to fight a JDB in court all you hear is, "Those outdated tricks don't work anymore" "These days they demand all the documentation they need from the OC and all states have adapted to the 'adoptive records doctrine' "or "You can no longer win if arbitration isn't an option and everyone in the courtroom knows you owe the money so you should just work out a settlement."